Aug 17, 2011 8:14pm
I Like to Watch: fair use in controversial work
I recently uploaded an extremely controversial video called "I Like to Watch," and after a few hours it was deleted, with the standard message "The item is not available due to issues with the item's content." Presumably the problem is copyright infringement, however since the video is a satire which criticizes the voyeurism inherent in mass media, its sampling of television broadcasts and other copyrighted mass media arguably constitutes fair use. The video is also notable, in the sense that it has been discussed widely in international media, shown at film festivals and museums (see below), and has been analyzed extensively in academia.
I would therefore like to pose the following questions:
1) How are fair use determinations made at Internet Archive, and by whom? Is there an appeal process?
2) Has Internet Archive defended fair use in the past, specifically for controversial or subversive works?
3) Why are TOS violations reported anonymously when the determinations are obviously made by individuals?
The original IA URL was:http://www.archive.org/details/ILikeToWatch
The video can be viewed here:http://www.churchofeuthanasia.org/catalog/video.html
International media discussion can be found here:http://www.churchofeuthanasia.org/press/coepress.html
The description of the work posted on IA is enclosed below for reference.
"I Like to Watch" is a four-minute music video which explores the connections between the September 11 attacks, professional sports, and pornography. It's often understood as a critique of the voyeurism inherent in mass media, but this wasn't the original intent. The video simply attempts to capture the author's personal experience of watching the attacks on TV, including childish glee, vindictiveness, perverse fascination, and sexual arousal.
The video also frames the attacks as Freudian drama on a national scale. The towers are phallic, and the gashes made by the planes are vaginal. The violent penetrations ultimately deflate and invert the towers, in a forced transsexual surgery that emasculates America.
"I Like to Watch" was released on the Internet on December 11, 2001, and received over one million downloads within two weeks. By the end of the month, even the Washington Post referred to the 9-11 footage as a "money shot" and called it "our new porn" [12/31/2001, Page C1]. The music was distributed on vinyl by Null Records (Berlin) in September 2002.
Boston Underground Film Festival, Boston, Feb. 2002
Clair-Obscur Film Festival, Basel, Oct. 2002
Danish Film Institute, Copenhagen, Sep. 2003
Cinémathèque Française, Paris, Nov. 2003
For all audiences, Sala Rekalde, Bilbao, Mar. 2005
9/11 music video;church of euthanasia;dada;World Trade Center;September 11 attacks;9-11
Produced and directed by Rev. Chris Korda and Steve Ryan
Music by Rev. Chris Korda